Terms of Use

These Terms of Use (the “Terms”) form a binding agreement between you and BusinessMold (“BusinessMold,” “we,” “us,” or “our”). They apply to the businessmold.com website, the client portal, the partner portal, any referral link or landing page we host on your behalf, and every service, deliverable, quote, and communication we provide (together, the “Services”).

By visiting the site, creating an account, requesting a quote, accepting a proposal, making a payment, or otherwise using the Services, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and “you” refers to that entity.

BusinessMold is a digital marketing agency. Depending on what you engage us for, the Services may include AI-assisted marketing, website design and development, search engine optimization (SEO), social media management, paid advertising management, reputation monitoring, AI receptionist and automation services, content production, and related consulting.

The specific scope, deliverables, timeline, and price for your engagement are defined in the quote, proposal, invoice, or service record we provide to you (each, an “Order”). Each Order is governed by these Terms. If an Order and these Terms conflict, the Order controls for that engagement only.

You must be at least 18 years old and able to form a binding contract to use the Services. Accounts are for business use.

• Account creation. You may create an account yourself, or we may create one for you when you become a client. If we create an account for you, we will email you login credentials, which may include a temporary password.
• Account security. You are responsible for keeping your password confidential and for all activity that occurs under your account. Change any temporary password promptly. Notify us immediately at support@businessmold.com if you suspect unauthorized access.
• Accurate information. You agree to provide accurate, current, and complete information and to keep it updated.
• One account per email. Each email address may hold one account. If an account already exists for your email, use the sign-in or password reset flow rather than creating a duplicate.
• Administrative access. Authorized BusinessMold administrators may access a client, partner, or team member account in order to provide support, troubleshoot an issue, verify a configuration, or fulfill a request. This access is restricted to authorized personnel, is logged, and is used only to operate and support the Services.

Quotes and estimates presented on the site, including those produced by our online service builder, are non-binding until we confirm them in writing. Pricing is based on the scope described at the time of the quote. Changes to scope, added revisions, added pages, added campaigns, expedited timelines, or third-party costs may change the price, and we will tell you before those costs are incurred.

Work that falls outside the agreed scope is billable at our then-current rates or under a new Order. We will not begin out-of-scope work without your approval.

Your cooperation. Many deliverables depend on materials, access, approvals, and feedback from you — logos, copy, product information, account credentials, domain or hosting access, and timely responses. Delays in providing these will delay delivery, and timelines shift accordingly. We are not responsible for missed timelines caused by delays outside our control.

• Payment methods. We accept payment through Stripe and, for some accounts, through Square or another processor we designate. Card details are collected and stored by our payment processor, not by BusinessMold. We never see or store your full card number — see our Privacy Policy.
• Saved payment methods and recurring charges. If you save a card for recurring billing, you authorize us to charge that card automatically for recurring service fees on each renewal date, and for any other amounts you owe under an Order, until you remove the card or cancel the service. You may remove a saved card at any time from your Account Settings; doing so stops future automatic charges but does not cancel the underlying service or waive amounts already owed.
• External billing. Some accounts are billed outside the BusinessMold platform (for example, through Square). Those accounts are not automatically charged or automatically invoiced here; payments collected elsewhere are recorded in your account for your records.
• Renewals. Recurring services renew automatically on their renewal date at the stated renewal price, monthly or annually as specified in your Order, until cancelled. We send renewal reminders in advance as a courtesy, but a missed reminder does not waive a renewal.
• Setup fees and one-time work. Setup fees, build fees, and other one-time charges are due as stated in the Order and are generally payable before work begins.
• Taxes. Prices exclude sales, use, VAT, and similar taxes. You are responsible for any such taxes other than taxes on our net income.
• Late payment. If an invoice is unpaid after its due date, we may suspend work, pause campaigns, or restrict portal access until the balance is cleared. Suspension does not relieve you of the obligation to pay.
• Chargebacks. Please contact us before disputing a charge — most issues are billing errors we can correct quickly. Chargebacks filed without first contacting us may result in suspension of the Services.

Unless your Order says otherwise, recurring services are month-to-month with no long-term contract. You may cancel a recurring service effective at the end of the current billing period by notifying us through the portal or in writing. Cancellation stops future renewals; it does not refund the current period.

Refunds. Fees for work already performed, time already spent, and third-party costs already incurred (such as ad spend, domain registrations, stock licenses, and paid plugins or subscriptions) are non-refundable. Where a deliverable has not been started, we will consider a pro-rated refund in good faith. Ad spend paid to advertising platforms is never refundable by us.

Termination by us. We may suspend or terminate your access to the Services, with or without notice, if you breach these Terms, fail to pay, misuse the Services, or engage in conduct that exposes us or others to legal risk or harm. On termination, amounts owed remain due, and we will make deliverables you have paid for available to you for a reasonable transition period.

Our partner program lets approved partners earn commissions on client payments generated through their unique referral link or through clients assigned to them. Participation is subject to these Terms and to any program rules we publish.

• Commission tiers. Commission rates are tiered based on cumulative referred sales volume and range from 25% to 40%. Your rate at the time a qualifying payment is received determines the commission on that payment. Rates and thresholds may be adjusted prospectively.
• Qualifying sales. Commissions are earned only on payments actually received and cleared from a referred client. Refunded, reversed, charged-back, or fraudulent payments do not earn commission, and any commission already credited on such a payment will be reversed.
• No self-commission. A partner does not earn commission on their own purchases. Purchases you make for yourself do not count toward your referred sales volume or your rank.
• Partner self-discount. A partner who is also a client receives a discount on their own purchases equal to their current rank rate, in place of a commission. This discount unlocks only after the partner becomes active — meaning at least one client the partner referred has made a genuine paid purchase through their link — or when BusinessMold grants the rank directly. Until then, the partner still earns commission on referrals but receives no self-discount.
• Withdrawals. Commission balances may be withdrawn once the published minimum is met. We review withdrawal requests before payment and may withhold payment pending verification of the underlying sales.
• Conduct. Partners must not use spam, misleading claims, unauthorized paid search on our brand terms, cookie stuffing, self-referral schemes, fake accounts, or any deceptive practice. Partners must clearly disclose their relationship with BusinessMold where required by law, including the FTC endorsement guidelines.
• Independent contractor; taxes. Partners are independent contractors, not employees, agents, or joint venturers of BusinessMold. Partners have no authority to bind BusinessMold. Partners are solely responsible for their own taxes and may be required to provide tax documentation before payment.
• Program changes. We may modify, suspend, or discontinue the partner program, or terminate a partner account for violation of these Terms, at any time. Commissions properly earned before termination remain payable unless the termination is for fraud or abuse.

Artificial intelligence is a core part of how we work. We want you to understand clearly where AI is used, what it means for the output, and what your responsibilities are. This section applies to both the public website and the services we deliver.

• AI-generated and AI-assisted content on this site. Portions of this website — including some or all blog articles, summaries, headlines, and supporting images — are generated or substantially assisted by AI systems, and some are published on an automated schedule. Such content may be produced with limited or no human review before publication. It is provided for general informational and marketing purposes only.
• AI in the services we deliver. We use AI tools in producing client deliverables, which may include drafting and editing copy, generating or editing images, researching topics, analyzing campaign and analytics data, generating code, producing SEO recommendations, drafting social and ad content, and powering AI receptionist, chat, and automation features.
• Accuracy is not guaranteed. AI systems can produce output that is inaccurate, outdated, incomplete, biased, internally inconsistent, or entirely fabricated — including invented statistics, quotations, citations, links, product details, and legal or regulatory claims. You should not rely on AI-generated content as a statement of fact without independent verification.
• Not professional advice. Nothing produced by us or by an AI system through the Services is legal, medical, financial, tax, accounting, employment, or other professional advice. Do not act on it without consulting a qualified professional licensed in the relevant field.
• Human review and your final approval. We apply human review to client deliverables at a level appropriate to the engagement. Regardless of our review, you are responsible for reviewing and approving all content, claims, creative, and code before it is published, sent, advertised, or otherwise used in your name, and for confirming it is accurate and compliant with laws and platform rules applicable to your industry.
• Regulated industries. If you operate in a regulated field — including healthcare, legal, financial services, insurance, housing, employment, cannabis, firearms, supplements, or claims about health or earnings — you are responsible for ensuring all content meets the disclosure, substantiation, licensing, and advertising rules that govern you. Tell us about applicable restrictions before we produce content.
• Third-party AI providers. We use third-party AI providers to deliver these features. Content and data you provide may be transmitted to and processed by those providers, subject to their terms and security practices. See our Privacy Policy for how we handle your data in connection with AI processing. Do not submit sensitive personal information, protected health information, payment card data, government identifiers, or third-party confidential information to AI-enabled features unless we have agreed in writing to handle it.
• Ownership and originality of AI output. The legal status of AI-generated material is unsettled and varies by jurisdiction. Purely AI-generated content may not be eligible for copyright protection in some jurisdictions, and identical or similar output may be generated for others. We do not warrant that AI-generated output is unique, protectable, or free of resemblance to third-party material. Subject to Section 9, we assign to you whatever rights we hold in the deliverables upon full payment.
• AI receptionist and automated communications. If your engagement includes AI receptionist, chatbot, SMS, or voice automation, you are responsible for obtaining any consent, providing any disclosure, and honoring any opt-out required by applicable law — including the TCPA, state call-recording and two-party consent laws, and laws requiring disclosure that a person is interacting with an automated system. You are responsible for the content of automated messages sent in your name.
• Performance of AI features. AI features are provided on an as-is basis. Model behavior, availability, quality, and cost are controlled by third-party providers and may change or be discontinued without notice. We may substitute or discontinue an AI provider or feature.

Our property. The Services, the website, our software, the portal, our processes, methodologies, templates, frameworks, and the BusinessMold name, logo, and branding are owned by us or our licensors and are protected by intellectual property laws. Nothing in these Terms transfers ownership of our underlying tools, code libraries, templates, or know-how to you, and we remain free to reuse them.

Your deliverables. Upon our receipt of full payment for a given Order, we assign to you the rights we hold in the final deliverables created specifically for you under that Order, excluding our pre-existing and reusable materials and any third-party materials. For our pre-existing and reusable materials embedded in a deliverable, we grant you a perpetual, worldwide, non-exclusive, royalty-free license to use them as part of that deliverable.

Third-party materials. Fonts, stock images, plugins, themes, APIs, and other third-party components are licensed to you under their own terms, and those licenses may require ongoing fees. You are responsible for maintaining them.

Portfolio rights. Unless you tell us otherwise in writing, we may identify you as a client and display non-confidential deliverables and results in our portfolio, case studies, and marketing.

You retain ownership of the content, materials, trademarks, and data you provide to us (“Client Content”). You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify, and display Client Content solely as needed to provide the Services.

You represent and warrant that:

• You own or have all rights and permissions necessary to provide the Client Content and to authorize our use of it.
• The Client Content does not infringe any copyright, trademark, patent, trade secret, publicity, privacy, or other right of any third party.
• The Client Content and your business comply with all applicable laws, and any claims you ask us to publish are truthful and substantiated.
• Any personal information you provide to us was collected lawfully and you have the right to share it with us for the purposes of the engagement.
• Any account credentials you provide to us are yours to share and their use by us is authorized.

You agree not to, and not to permit anyone else to:

• Use the Services for any unlawful, fraudulent, deceptive, or harmful purpose.
• Upload or transmit malware, or attempt to gain unauthorized access to the Services, other accounts, or our systems or networks.
• Probe, scan, or test the vulnerability of the Services, or breach or circumvent any security or authentication measure, without our prior written permission.
• Scrape, crawl, harvest, or use automated means to extract data from the Services, or use the Services to train a machine learning model, without our prior written permission.
• Interfere with or disrupt the integrity or performance of the Services, including through excessive request volume.
• Reverse engineer, decompile, or attempt to derive the source code of our software except to the extent that restriction is unenforceable under applicable law.
• Resell, sublicense, or provide the Services to a third party except as expressly permitted under the partner program.
• Impersonate any person or entity, or misrepresent your affiliation with BusinessMold.
• Publish content that is defamatory, obscene, harassing, discriminatory, or that infringes the rights of others.

The Services depend on third-party platforms — including payment processors, hosting providers, email providers, AI providers, analytics tools, advertising networks, social media platforms, and search engines. We do not control those platforms. Their availability, policies, algorithms, pricing, approval decisions, and account actions can change at any time and can affect your results.

We are not responsible for a third party’s acts, omissions, outages, data practices, policy changes, or decisions to suspend, reject, restrict, or terminate your account or advertising. Links from our site to third-party sites are provided for convenience and are not endorsements.

BusinessMold respects intellectual property rights and responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512.

Filing a notice of infringement. If you believe material on our site infringes your copyright, send a written notice to our designated agent that includes all of the following:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are covered by a single notice.
• Identification of the material claimed to be infringing, with information reasonably sufficient to let us locate it — a direct URL is strongly preferred.
• Your contact information, including address, telephone number, and email address.
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.

What we do. On receipt of a valid notice, we will promptly remove or disable access to the material and take reasonable steps to notify the person who posted it.

Counter-notice. If you believe your material was removed by mistake or misidentification, you may send a counter-notice containing: your signature; identification of the removed material and the location where it appeared; a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification; your name, address, and telephone number; and a statement that you consent to the jurisdiction of the federal court for the district where you reside (or, if outside the United States, any district where we may be found) and that you will accept service of process from the party who filed the original notice. If we receive a valid counter-notice, we may restore the material in 10 to 14 business days unless the original complainant notifies us that they have filed an action seeking a court order.

Misrepresentation. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or was removed by mistake, may be liable for damages.

Repeat infringers. We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

No guarantee of results. Marketing outcomes depend on many factors we do not control, including your market, pricing, offer, competition, sales process, budget, and the policies and algorithms of search engines and advertising platforms. We do not guarantee any specific search ranking, traffic volume, impression or click count, lead count, conversion rate, revenue, return on ad spend, or business result. Examples, case studies, and past results are not a promise of your results.

AI output. As described in Section 8, we do not warrant that AI-generated or AI-assisted output is accurate, complete, current, original, or fit for any particular purpose.

Availability. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUSINESSMOLD AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

You agree to defend, indemnify, and hold harmless BusinessMold and its owners, officers, employees, contractors, and agents from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your Client Content; (b) your use of the Services; (c) your violation of these Terms or of any law; (d) your infringement or misappropriation of any third-party right; (e) claims that content we published at your direction is false, misleading, or non-compliant; or (f) your use of AI-generated output without the review required by Section 8.

(a) Informal resolution first. Before starting an arbitration or any other proceeding, you agree to first contact us at legal@businessmold.com with a written description of the dispute, the relief you seek, and your contact information. We will do the same for any dispute we have with you. Both parties agree to work in good faith to resolve the dispute for at least thirty (30) days after that notice. Most issues are resolved at this stage.

(b) Agreement to arbitrate. If the dispute is not resolved informally, you and BusinessMold agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, the partner program, or the relationship between us — including the validity, enforceability, or scope of this arbitration agreement — will be resolved by final and binding individual arbitration, and not in court, except as stated in subsection (e).

(c) Arbitration rules and forum. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules, as modified by these Terms. The arbitration will be conducted by a single arbitrator. It may be conducted by written submission, by videoconference, or in person in the county and state identified in Section 18, at the parties’ election. The arbitrator may award any relief a court could award on an individual basis and must issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

(d) Class action and jury trial waiver. YOU AND BUSINESSMOLD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding. YOU AND BUSINESSMOLD WAIVE ANY RIGHT TO A JURY TRIAL. If this subsection (d) is found unenforceable as to a particular claim, that claim — and only that claim — will be severed and may proceed in court, while all other claims remain in arbitration.

(e) Exceptions. Either party may (i) bring an individual action in small claims court if it qualifies, and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property or unauthorized access to systems or data.

(f) Your right to opt out. You may opt out of this arbitration agreement by emailing legal@businessmold.com with the subject line “Arbitration Opt-Out” within thirty (30) days after you first accept these Terms. Include your name, the email on your account, and a clear statement that you are opting out of arbitration. Opting out will not affect any other part of these Terms and will not affect your account or the Services in any way.

(g) Fees. Payment of arbitration filing, administration, and arbitrator fees is governed by the applicable AAA rules. Each party otherwise bears its own attorneys’ fees and costs, except where a statute or the arbitrator’s award provides otherwise.

(h) Survival. This Section 17 survives termination of these Terms and of your account.

These Terms and any dispute arising out of them are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and by applicable U.S. federal law, including the Federal Arbitration Act. For any dispute not subject to arbitration under Section 17, and for any action to enforce an arbitration award, you and BusinessMold consent to the exclusive jurisdiction and venue of the state and federal courts located in Florida, and waive any objection to that venue.

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, provide additional notice by email or through the portal. Changes take effect when posted unless stated otherwise. Your continued use of the Services after changes take effect constitutes acceptance. If you do not agree to a change, stop using the Services and cancel your account. Changes to Section 17 will not apply retroactively to a dispute of which we had actual notice before the change.

• Entire agreement. These Terms, the Privacy Policy, and any applicable Order form the entire agreement between you and BusinessMold on this subject and supersede prior discussions and proposals.
• Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions stay in full force.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, war, labor disputes, utility or internet failures, third-party platform outages, and government action.
• Notices. We may send notices to the email address on your account. You are responsible for keeping it current.
• Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and BusinessMold.
• Survival. Provisions that by their nature should survive termination — including Sections 5, 9, 10, 14, 15, 16, 17, 18, and 20 — will survive.

Questions about these Terms? Reach us at legal@businessmold.com, or through our Contact page. Copyright notices go to dmca@businessmold.com. Account and billing questions go to support@businessmold.com.